MedicalMalpracticeLawyers.com, a free website that connects medical malpractice victims with medical malpractice lawyers in the United States, celebrates its 1,500th consecutive daily blog posting.
When we began posting daily blogs more than four years ago that discuss current medical malpractice issues, medical malpractice cases, medical malpractice laws, and other relevant and interesting topics, we did not know then that the constantly changing medical malpractice arena would keep us busy on a daily basis reporting on the changes.
Perhaps the most distressing trend we have observed, and often blog about, is the diverse and constant attack on medical malpractice victims’ rights to seek and obtain fair and just compensation from those whose medical negligence (or medical incompetence) caused them to suffer catastrophic and permanent life-changing harms through no fault of their own.
As recently as mid-March, the health care industry’s well-financed and powerful medical malpractice lobbyists continue to push state legislators to pass unfair and unjust medical malpractice laws that benefit negligent medical providers and harm their victims: on March 12, 2015, the Missouri State Senate overwhelmingly passed SB 239, which redefines medical malpractice claims as statutory claims (as opposed to common laws claims for which the Missouri Constitution guarantees a right to a jury trial) in an attempt to insulate from judicial review the newly proposed cap on noneconomic damages in the amount of $400,000 ($700,000 for catastrophic injuries or wrongful death) for Missouri medical malpractice cases (in 2012, the Missouri Supreme Court held that Missouri’s then-cap on noneconomic damages violated the Missouri Constitution).
State legislators throughout the country whose successful efforts to limit and restrict medical malpractice victims from being fairly compensated for their losses have proudly and boisterously stressed the reduction in the number of medical malpractice cases filed in their states as the measure of the success of their discriminatory measures – such logic is equivalent to arguing that there is less political dissent after a dictator has jailed all of his dissidents.
Is there any evidence that medical malpractice tort restrictions and limitations have resulted in the safer practice of medicine that have benefited patients? If there was such evidence, tort reformers surely would have publicly championed such statistics. To the contrary, if medically negligent or incompetent medical providers are insulated from financial responsibility for the harms they cause to their patients, there is a disincentive for them to practice safer medicine.
We hereby recommit to bringing public awareness to the efforts of the health care industry in the United States that disingenuously argue for unjust laws that benefit the privileged, and harm everyone else. The fight on behalf of medical malpractice victims to be fairly treated and honestly compensated for the harms they suffer through no fault of their own is a just and important cause: if the few can impose their will and their selfish interests on the many, then no one’s rights are safe from attack and wrongful limitations — should police officers who use unnecessary deadly force be insulated from responsibility for their reprehensible wrongful acts? Should pharmaceutical companies be protected from their responsibility for marketing drugs that they know are dangerous or deadly? Should health insurance companies be insulated from liability if they wrongfully deny life-saving medical treatment for their insureds? Should religious leaders be protected from being held culpable when they abuse children?
We do not underestimate the importance of the ongoing battle for victims’ rights — medical malpractice victims are a diverse group spread throughout the country and usually have nothing in common other than they were severely harmed by negligent medical care, whereas the health care industry is well-financed, well-organized, and has a common self-interest in reducing or eliminating the personal responsibility of negligent medical providers for the avoidable medical malpractice injuries they wrongfully cause.
All of our prior 1,500 consecutive daily blog posts are searchable by word or phrase for topics and postings that may be of interest or importance to you. You may also sign up to receive our future daily blog posts by email delivered directly to you.
Thank you for your interest in our website and our daily blogs. If you or a loved one suffered serious harm as a result of possible medical malpractice in the United States, visit our website to submit a short, secure form, or call us toll-free in the United States at 800-295-3959, to find medical malpractice lawyers in your state who may assist you.
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